Extended producer responsibility (EPR) for packaging is now a legal and compliance reality for cannabis and hemp beverage companies in both Colorado and Minnesota. New requirements are converging fast, with brands needing to act in 2025 and prepare for major changes in 2026. If you operate or invest in these markets, understanding the evolving obligations is urgent—especially as EPR intersects with cannabis-specific packaging, labeling, and supply chain norms.
What is EPR and Why Does It Matter in Cannabis and Hemp Beverages?
Extended Producer Responsibility (EPR) programs make the companies placing packaged goods on the market legally and financially responsible for the end-of-life management of those materials. This includes funding collection, sorting, recycling, and often remitting supply and fee data to a central Producer Responsibility Organization (PRO)—in both CO and MN, this is Circular Action Alliance (CAA).
Until now, EPR was largely an issue for consumer packaged goods (CPG) giants. But as programs roll out state by state, any brand, manufacturer, importer, or license holder selling cannabis or hemp beverages in cans, bottles, shrink sleeves, cartons, or multi-packs is likely considered an obligated “producer.”
Key Packaging EPR Deadlines: Colorado & Minnesota At-a-Glance
Colorado 2025–2026 Compliance Timeline
- Plan Approvals: The Colorado Department of Public Health and Environment (CDPHE) and Producer Responsibility Advisory Board are ramping up approvals of CAA program plans through September 2025 (see CDPHE EPR program page).
- Supply Data Reporting: By July 31, 2025, all covered producers—including cannabis and hemp beverage companies—must submit data on covered packaging to CAA (read more).
- Fee Determination: This data sets the basis for 2026 EPR fees; eco-modulation (incentives or disincentives based on recyclability) begins to factor into packaging choices for 2026 fee rounds.
- Dues Begin: January 1, 2026—EPR dues/fees to the PRO commence, impacting budgeting and SKU-level costs (Holland & Hart update).
Minnesota 2025 Compliance Timeline
- Producer Registration Deadline: July 1, 2025—all producers must register with CAA to continue selling packaged goods, including THC beverages (registration details).
- Ongoing Packaging Data & Annual Fees: Reporting and payments start after registration. EPR fees will be adjusted based on compliance tier, packaging recyclability, and volumes in 2026 and beyond (see Minnesota EPR law details).
Who is the “Producer”? Implications for Cannabis, Hemp, and CPG Brands
Cannabis and hemp beverage supply chains often involve multiple parties—including brands, contract (co-pack) bottlers, licensed processors, and distributors. Under both CO and MN EPR laws:
- The “producer” is generally the legal brand owner or entity whose name appears on package labels and who sells (including via DTC or wholesale) into Colorado or Minnesota.
- When importing, the first party to place covered packaging on the state market is responsible—this can be a distributor, brand, or out-of-state CPG licensee.
- Co-packed or white-labeled goods: Obligations generally fall on the brand owner, not the contract manufacturer, unless agreed otherwise.
- In vertically integrated cannabis operations, the licensed dispensing entity is typically the obligated party.
This makes contract negotiation critical. Brands should ensure EPR compliance language, packaging data-sharing, and cost-sharing are clarified with every contract manufacturer and supplier (learn more at Recycle Colorado Producer Responsibility overview).
What Packaging is In Scope? (Cans, Shrink Sleeve Labels, Cartons, and More)
Both Colorado and Minnesota EPR laws cover a wide variety of consumer packaging. For cannabis and hemp beverages, this means:
- Primary beverage containers: Metal cans, glass bottles, plastic bottles (regardless of product type)
- Labels & Shrink Sleeves: All direct labeling, shrink sleeves, films, and overwraps
- Multi-pack cartons and cases: Nested and secondary packaging
- Ancillary packaging: Corrugated boxes, food cartons, etc., if they leave the retail store with the consumer
EPR does not preempt cannabis industry rules for child-resistant, tamper-evident, or specific warning labels or minimum thickness plastics. However, producers must find SKUs and formats that meet both sets of regulations—non-compliant packaging could result in fines or both cannabis and EPR enforcement actions.
Registration, Data, and Fee Compliance Steps in 2025–2026
Colorado Actions Required
- By July 31, 2025: Register as a “producer” with CAA and submit data on all packaging placed on the market in Colorado for the reporting period.
- Begin budgeting for annual EPR fees—amounts will depend on packaging weights, formats, and recyclability modules (“eco-modulation” means less recyclable formats pay more).
- Prepare to update labels or packaging designs for new recycling/disposal guidance or labeling required by the PRO.
- Review and modernize co-packing, supplier, and wholesaler contracts for EPR cost/revenue sharing.
Minnesota Actions Required
- By July 1, 2025: Complete registration with CAA for all entities selling or distributing packaged products in Minnesota, including hemp/cannabis beverages (circularactionalliance.org registration).
- Prepare to submit data on quantities, materials and formats to enable eco-modulated fee calculations in 2026.
- Work closely with suppliers and co-manufacturers to track changes and ensure fees and packaging risks are shared and documented.
- Consider packaging reformulation to optimize for recyclability and minimize annual EPR cost impacts.
Special Challenges: Cannabis Packaging and EPR Rule Conflicts
For cannabis and hemp THC beverage brands, EPR rules often overlap—and sometimes conflict—with state cannabis packaging mandates. Key issues:
- Child-resistance vs. recyclability: Some required child-resistant closures or packaging features may limit recyclability—potentially triggering higher EPR fees or noncompliance notices.
- Warning label zones and required print/color rules may collide with CAA or state recycling labeling.
- Minimum thickness plastics, metallicized films, and complex multi-layers are being discouraged under EPR rules, but may still be required under cannabis program mandates.
Recommended: Review all state-specific cannabis packaging and labeling rules (see Colorado cannabis packaging and Minnesota cannabis packaging guidance) in tandem with EPR implementation to avoid noncompliance.
Enforcement, Penalties, and What to Expect in 2025–2026
Both states have established significant penalties for noncompliance:
- Failure to register or report supply data can result in removal from the market (de-registration of products) and fines.
- Late or underreported data can mean retroactive fees and penalties in the thousands of dollars per SKU or brand.
- CAAs is expected to begin proactive outreach and enforcement sweeps as fee periods begin in 2026.
Stakeholders should track all notices from CAA and state agencies, document data collection, and ensure their supply chain partners are also up to speed.
Compliance Checklist for Colorado & Minnesota Cannabis Brands
- Assess Your Producer Obligations – Review if you “own” any packaged cannabis or hemp beverage SKUs entering CO or MN in 2025.
- Register by Deadlines – July 1, 2025 for Minnesota EPR, July 31 for Colorado EPR reporting.
- Compile Packaging Data – Gather annual weights/quantities by SKU and format.
- Update Budgets – Estimate 2026–2027 EPR fees and eco-modulation impacts.
- Rethink Packaging – Explore recyclable/compostable options that meet both EPR and cannabis regulations.
- Amend Contracts – Ensure co-packers/distributors/formulators are sharing EPR responsibilities if applicable.
- Track Enforcement Updates – Monitor both state cannabis and EPR authorities for ongoing compliance developments.
Key Takeaways
- EPR for packaging is here for cannabis and hemp beverage brands in Colorado and Minnesota—beginning with registration in 2025, significant fee and compliance changes by 2026.
- The “producer” is usually the brand owner or distributor placing goods on the market—clarify obligations across all co-packed or white-labeled products.
- Prepare now for new data collection, fee forecasting, and likely label/packaging adjustments.
- EPR is expanding across more states and will likely become standard for all CPG, cannabis, and hemp beverage companies.
For tailored compliance guidance, always consult your regulatory counsel and subscribe to CannabisRegulations.ai for the latest on EPR, cannabis packaging, and cannabis compliance deadlines nationwide.
